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Florida Supreme Court to Review Constitutionality of Medical Malpractice Cap

By Orlando Personal Injury Attorney on October 13, 2011

A 2003 law that dismayed Orlando personal injury lawyer James O. Cunningham and other attorneys throughout Florida may be headed for review before the state Supreme Court. That year, lawmakers passed legislation effectively capping the amount of pain-and-suffering damages that could be awarded in medical malpractice lawsuits at $1 million. Professional organizations such as the American Bar Association, the AARP and the Florida Justice Association have filed briefs recently supporting the challenge to the controversial $1 million pain-and-suffering cap and question the constitutionality of the law.

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New Florida Law to Reduce Our State’s Reputation as Pill Mill

By Orlando Personal Injury Attorney on June 13, 2011

In a move that Orlando personal injury attorney James O. Cunningham fully supports, Florida Governor Rick Scott signed a law recently that will make it more difficult for doctors to write prescriptions for painkillers. For years, Florida has been known as a “pill mill,” a place where it has been easy for people to get prescription painkillers such as Oxycontin, Oxycodone and other pharmaceuticals that often lead to drug abuse. The ease with which people could obtain these drugs in our state caused people from nearby states with more restrictive access to these drugs to come here for prescriptions.

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Federal Appeals Court Upholds Florida Cap on Medical Malpractice Damages

By Orlando Personal Injury Attorney on June 8, 2011

In a move that disappointed many Orlando personal injury lawyers, a federal appeals court in Atlanta has upheld the constitutionality of a Florida law that caps damages that victims can receive in medical malpractice cases. A three-judge panel of the 11th Circuit Court of Appeals made their ruling recently and issued a statement that the Florida law “passes muster” of the U.S. Constitution and Florida Constitution. Their ruling came after the family of a Florida woman named Michelle McCall claimed medical malpractice was responsible for her death after childbirth in 2006. They filed a lawsuit against a doctor they claimed was negligent.

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Florida Doesn’t Conduct Background Checks on Some Healthcare Professionals

By Orlando Personal Injury Attorney on April 23, 2011

A dentist has opened a new practice in Polk City despite his recent release after serving three years in a federal penitentiary for tax fraud. An investigation by Health News Florida found that the man has a valid Florida dental license after failing to pay more than two million dollars in tax fraud penalties. Orlando personal injury attorney James O. Cunningham warns Floridians that our state still does not provide adequate protection against unethical healthcare providers who move to Florida to continue practicing medicine. Even though the dentist in question was convicted for tax fraud, not dental malpractice, it is indicative of the lax background checks state agencies conduct before granting licenses.

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